If you are considering filing bankruptcy, you should know that you may lose all rights to your personal injury case. The Bankruptcy Court can take over your case, settle your case and give your settlement money to your creditors, and you will receive nothing. Be sure to talk to your attorney before filing bankruptcy.

A bankruptcy case is commenced by the filing of a petition. You must also file a statement of your assets and liabilities, and schedules listing your creditors. If you choose to file a bankruptcy petition without the assistance of an attorney, you can obtain the required forms at most stationery stores or at www.uscourts.gov/bkforms/index.html. There is a range of filing fees for bankruptcy cases, depending on the chapter of the bankruptcy code under which you file.

A person, partnership, corporation, or business trust may file a bankruptcy case. Corporations, partnerships and business trusts cannot proceed if they are not represented by an attorney. Only an individual can proceed without an attorney. However, the bankruptcy process is extremely complex, and individuals are strongly encouraged to seek competent bankruptcy counsel. If a person or the entity who owes the money, called the debtor, starts the bankruptcy, it is called a voluntary bankruptcy.

Yes. Debts that can be discharged in bankruptcy such as credit card and medical obligations, should not be paid once an informed decision is made to file a Chapter 7 petition. Monthly bills such as rent, mortgage payments, telephone, and utilities, however, still must be paid.

Current law permits individuals to file their own cases and to represent their own interests in bankruptcy proceedings. However, it may not be wise for you to do so. Any bankruptcy case can become a complicated matter requiring both knowledge of the law and experience before the court to successfully complete.

Upon filing the original petition with the Clerk's Office, the "automatic stay" immediately takes effect and prohibits all creditors from taking certain collection actions against the debtor or the debtor's property. Although the stay is automatic, creditors need to be advised of the stay.

Any individual can file their own bankruptcy proceeding. This is called filing in pro per. If a person wishes to spend enough time learning about this area of the law, they can probably get through a simple bankruptcy filing. However, individuals with assets or problem debts are foolish to try to go it alone as they will most certainly harm themselves financially as a result.

This is a decision that needs to be made after careful consideration. You should consult with an attorney to determine if your case qualifies for bankruptcy or if there are any other avenues you could take to avoid bankruptcy. Griffeth Law Offices does not charge for an initial consultation to discuss bankruptcy cases.

a general rule, you should file your bankruptcy case in the bankruptcy court for the federal judicial district where your residence, principal place of business, or principal assets have been located for the greater part of the 180 days priors to filing. There are four federal judicial districts in the State of California. This is the Eastern District of California. The Eastern District of California covers 34 counties in northern California.